I know those in privity are bound by issue preclusion. However, my notes and two supplements seem to differ on the effect of privity on claim preclusion (Res Judicata).
I know that claim preclusion is effected by respondeat superior. But will those in other forms of privity to a party in the earlier action be bound based on claim preclusion?
Thanks.
Claim Preclusion and Privity Forum
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kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Claim Preclusion and Privity
When you say "in privity", what do you mean?
Res Judicata will bar, say, a prospective purchaser of land from challenging a judgment on the property as to something like an easement.
Res Judicata will bar, say, a prospective purchaser of land from challenging a judgment on the property as to something like an easement.
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Mauve Velociraptor
- Posts: 15
- Joined: Sat Jun 13, 2009 12:31 pm
Re: Claim Preclusion and Privity
Claim preclusion is not affected by Rospondeat Superior. Privity for preclusion purposes will be someone who is a successor to your interest i.e., someone who buys your house, OR someone who represented you in a suit i.e., parent on behalf of child, executor on behalf of estate, etc...
Employer/employee doesn't fall into anyone of those categories.
Employer/employee doesn't fall into anyone of those categories.
